FAQ's About Juveniles and Juvenile Court
What can I do if my child is ungovernable or a runaway?
Anyone under the age of eighteen who willfully leaves home without permission from their parent or guardian is considered a runaway. A minor may be considered ungovernable if there is serious conflict with a parent or guardian that causes behavior beyond the ability of the family to manage, creates a safety concern, or results in harmful or out-of-control behavior.
The Division of Juvenile Justice and Youth Services (JJYS) can help families in crisis and may provide services such as temporary shelter, family support, or referrals. If those efforts are not successful and the minor continues to run away or be beyond parental control in a way that threatens safety or well-being, JJYS may refer the case to the juvenile court for further intervention.
What do I do if my child no longer wants to attend school?
In Utah, children between the ages of 6 and 18 are required to attend school, as mandated by state law. If your child is refusing to attend school, it's important to collaborate with school officials to address the issue. Schools are obligated to implement evidence-based interventions aimed at improving attendance. If these interventions are unsuccessful, and the child continues to be truant, the school district may refer the case to the juvenile court for further action.
Can my child be emancipated?
Utah has an emancipation law which allows minors 16 and older to petition the juvenile court for emancipation. In order to grant emancipation, a court must find that the minor has the ability and capacity to manage their own affairs and to live independently from their parents or guardian. Once a minor is emancipated, parents are not held accountable for the child's welfare. Parents cannot be emancipated from their child; only the child may petition for emancipation. Emancipation forms are available on the court's website.
Do parents have to attend court hearings?
The Court requires that a parent or guardian appear at all court hearings. Parents or guardians may be held in contempt for failure to attend court hearings.
What can the courts require of parents?
The court may order the parent or guardian who has been a party to the proceedings to comply with reasonable conditions. Generally, this means that in addition to appearing at all court proceedings, parents should make every effort to provide transportation and other forms of support so that the minor is able to fulfill the terms of the agreement with the court.
In some cases, parents may be expected to participate in evidence-based programs with the minor. Assessing the role and responsibilities of parents will be made by evaluating the information compiled during the preliminary interview. The court will typically discourage parents from paying fines so that the juvenile may better appreciate the consequences of their actions.
Parents could be responsible to pay for court ordered assessments and treatment. Parents are responsible for child support when their minor is placed in an out of home placement.
Are parents responsible for their children's criminal behavior?
Generally, parents are not responsible for their child's delinquent behavior. However, if the parents, in any way, participated in or contributed to the child's delinquent behaviors, they can be held liable "as a party" for the criminal offense.
Can a juvenile be tried in adult court?
There are several circumstances under which a minor may be tried in adult court. These include cases where the minor is fourteen years or older and has been charged with a serious felony. See Utah Code 80-6-503 to learn more about when this could happen.
Who can visit the detention center?
The detention facility in the district you live in is operated by Juvenile Justice and Youth Services, and visitation rights may vary. If you need to schedule a visit, please contact the detention center in your area.
Where do minors pay fines and submit their community service hours?
All fine payments can be mailed, paid in person at the Court, or through Juvenile Court MyCase. Connect with your probation officer to determine the best way to submit proof of community service completion.
How can I complete my community service hours?
Typically, community service hours may not be done at home. Parents or children may not receive money, compensation, or benefits for any services. Possible sites for working off community service hours include not-for-profit agencies, schools, parks, libraries, hospitals, substance abuse programs, homeless shelters, and nursing homes. Reach out to the assigned probation officer to discuss more options.
How are driving privileges reinstated?
A minor’s driver license may be suspended automatically by the Driver License Division (DLD) for the commission of certain offenses. A minor’s driver license may also be suspended by a Judge as part of the court process. A reduction of the suspension period may be available at times, for more information consult with your attorney.
What happens to the juvenile record?
A juvenile court delinquency record is created when a report or citation is submitted to the court by law enforcement. This record does not automatically disappear when a minor turns 18, unless expunged. A juvenile’s record may be automatically expunged if it meets certain criteria (Utah Code §80-6-1004.5). For more information regarding expungements and to see whether your case will automatically be expunged visit: Expunging Juvenile Records.
What is the process for expunging a juvenile record?
In order to have a juvenile record of an adjudication expunged, one year must have elapsed since the Juvenile Court has terminated jurisdiction over the juvenile. All fines, fees, and restitution must have been paid, and the juvenile must not have an adult criminal record within one year's time. There are five additional types of expungements. Please refer to Expunging Juvenile Records for more information and forms.